CAPITAL INC v. ILLUMINEX TECH INC (2019)

The following papers numbered 1 - 5 were read on this petition for an order pursuant to CPLR § 5525(b) to pay and deliver over to Plaintiff all funds and safe deposit boxes held in the name of the judgment debtor:

Notice of Petition/Petition/Exhibits A -B, 1 - 4

Affidavits of service 5

Petitioner seeks to enforce a judgment and moves this Court to direct Bank of America to turn over funds held in their bank which are owned by Respondents Eric Deitchman and Illuminex Technologies. Respondents have failed to appear or file opposition papers.

Upon a review of the papers submitted in support of this application, the Court sees that the judgment was entered in Erie County Supreme Court, and that Respondents reside in Nassau County, New York. In enforcement proceedings, CPLR § 5221(4) states “․if the judgment sought to be enforced was entered in any court of this state, a special proceeding authorized by this article shall be commenced, either in the supreme court or a county court, in a county in which the respondent resides or is regularly employed or has a place for the regular transaction of business in person․” (emphasis added) Civil Practice Law and Rules 5221.

In this case, the documents indicate that the respondent, Eric Deitchman resides in Nassau County which has both a Supreme Court and a County Court. Accordingly, the proper jurisdiction for this application must be made in Nassau County, and it is hereby

ORDERED that this motion is denied without prejudice and with leave to renew in the proper court.

The foregoing constitutes the Decision and Order of the Court.

Maria S. Vazquez-Doles, J.